Syed Fareeduddin Ahmed Khan v. The State Of Telangana

[3256 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 23098 OF 2019 Between:

1. Syed Fareeduddin Ahmed Khan, S/o. Late Syed Sultan Naseeruddin Ahmed Khan, aged 60 years, Occ. Agriculture

2. Smt. Amtul Sadeqa, Wo. Syed Fareeduddin Ahmed Khan, 54 years, House wife Both are R/o H.No.9-4-7713112A, Silver Apartments, Yousuf Tekdi, Toli chowki' Hvderabad-500008 ...pETrroNERS AND

1. The State of Telangana, Represented by its Principal Secretary, Revenue Department (Land Acquisition), Secretariat, Hyderabad.

2. The District Collector, Ranga Reddy District.

3. The Special Officer (Land Acquisition) and Revenue Divisional Officer, Chevella Division, Chevella, Ranga Reddy District ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Orders or Direction mainly in the nature of Writ of mandamus declaring the inaction of the respondents in not passing the award in favour of petitioners as per the prevailing market value in respect of their land admeasuring Ac.5.00 in Sy.No. '190/19 and Ac.5.00 in Sy.No.

direct the respondents not to disburse the compensation in respect of petitioners land admeasuring Ac,5 00 in Sy.No. 190/19 and Ac.5.00 in Sy.No. 190128 o'f Chandanvelli Village, Shabad Mandal, Ranga Reddy District to any third parties, pending disposal of main Writ Petition Counsel for the Petitioner: Smt. A. ANASUYA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.23O98 of 2019 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition appearing for the respondents.

2.

The case of the petitioners in this writ petition is that the father of the l"t petitioner was originally assigned land to an extent of Acs.5.00 guntas in Survey No.190/19, situated at Chandanavelli Village, Shabad Mandai, Chevella Division, Ranga Reddy District, and the same was mutated in the name of the lst petitioner's father, which was succeeded by the 1"t petitioner and he was also issued pattadar passbook with Khata No.2521044767 .

The 2trd petitioner also claims to have succeeded land to an extent of Acs.5-00 guntas from her father and she was also issued pattadar passbook and title deed bearing No.2531044768 in her name. The said entire extents of lands were sought to be acquired by the respondents, but the petitioners are being paid compensation only in respect of land to an extent of Acs. 1.3O guntas each and the compensation in respect of the remaining extent of land is sought to be paid in :

i

c favour of third parties on the ground that they are found to be in possession of the said extcnt of land.

3.

From a perusal of the material on record, prima facie, it is evident that the petitioners are shown to be the pattadars in respect of land to an extent of Acs.S.OO each in the above referred survey numbers. Therefore, the stand of the respondents that the compensation in respect of the land in possession of third parties would be paid to the said persons, and the petitioners are being paid compensation to the land which is in their possession, cannot be accepted. If that situation is allowed to take place on the ground that some third parties are in possession of the patta land of the petitioners and they are paid compensation at the discretion without there being any documentary proof to claim right and title over the subject property, the same would definitely lead to an arbitrar5r exercise of power.

As there is dispute about the entitlement of compensation in respect of the balance extent of land in tl.e above referred survey numbers, it would be appropriate for the respondents to refer the dispute in respect of disputed extent of land to a competent authoritS..

., compensation in respect of land to an extent of Acs. 1.30 guntas each.

4.

In the light of the above, tJlis Court is of the considered view that it is not open for the respondents to conclude that the petitioners are not entitled for claiming compensation solely on the ground that they are not found to be in possession of the subject property and some third parties are in possession of the same.

5.

In the circumstances, the writ petition is disposed of directing the respondents to pay compensation in respect of iand to an extent of Acs. 1.30 each to the petitioners, as the petitioners are entitled for such compensation undisputedly and to refer the matter to the Rehabilitation and Resettlement Authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act, 2013) insofar as balance extent of land is concerned within a period of four weeks from the date of receipt of a copy of this order. Once such reference is made under Section 64 of the Act, 2013, as directed above, the petitioners herein as well as the third parties shall be put on notice and the said authority shall 'lr i

\- conduct necessary enquiry for deciding the entitlement of the petitioners or the said third parties to claim compensation in respect of the balance extent of land. There shall be no order as to costsMiscellaneous Petitions, if any, pending in this writ petition shall stand closed.

SD/- C. PRAVEEN KUMAR ASSISTAYT REGISTRAR (. il:.

SECTION OFFICER To,

1. The Principal Secretary, Revenue Department (Land Acquisition), Secretariat, State of Telangana, Hyderabad.

2. The District Collector, Ranga Reddy District.

3. The Special Officer (Land Acquisition) and Revenue Divisional Officer, Chevella Division, Chevella, Ranga Reddy District

4. Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana, at Hyderabad [OUT]

5. One CC to Smt A. ANASUYA, Advocate [OPUC]

6. Two CD copies BM GJP \ //TRUE COPY// ?

HIGH COURT DATED:1611112022 !\ 1HE sIA f.a C) q oo 3 [ JA|l 2r8 ?\ ,l'zl ... ,, :i'll t,/ ,//

ORDER

WP.No.23098 of 2019 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o oq tr?.- WG